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November 21, 2014
  Obama Takes Executive Action on Immigration
Posted By Ricky Malik

On November 20, 2014, President Obama addressed the nation on steps he is taking to fix the broken Immigration system in light of Congress' failure to act. The main provisions that have been announced so far and details about who qualifies and when are as follows.

DAP (Deferred Action for Parents) - Available approximately June 15, 2015

  • An undocumented person who has lived in the United States since January 1, 2010;
  • Has a US Citizen or Lawful Permanent Resident (LPR) child who was born before November 20, 2014;
  • Passes a background check and pays taxes.

Expanded DACA (Deferred Action for Childhood Arrivals or "Dream Act") - Available approximately February 15, 2015

  • A person who has been in the United States since January 1, 2010;
  • Came to the United States before reaching their 16th birthday;
  • In school, have graduated or obtained a GED;
  • Has not been convicted of 3 misdemeanors or 1 significant felony.

Expanded Provisional Waivers for Unlawful Presence

  • Undocumented individuals who have resided in the United States unlawfully for 6 months;
  • Can be petitioned for by a US Citizen
  • Demonstrate that one or more of the following person will experience extreme hardship if not approved: US Citizen Spouse, US Citizen Parent, Lawful Permanent Resident (LPR) Spouse, LPR Parents.

For more information, stay tuned and contact us at info@rmlegal.com or 703-686-9900.

Ricky Malik, Esq.

Continue reading "Obama Takes Executive Action on Immigration" »

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January 31, 2013
  Travelling outside the United States as a Dreamer (DACA)
Posted By Ricky Malik

A young client who was recently granted legal status and work authorization under the Deferred Action for Childhood Arrivals (DACA) program asked me if he could travel outside the United States. His life had changed so much in the last few months. For the first time in his life he was legal and could work.

He knew no other country than the United States since he had been here as long as he could remember and asked me if he could travel to his native country.

I told him that he may apply for permission and obtain what is known as "Advance Parole" to travel outside the United States and return. Traveling without Advance Parole would mean his newly acquired, long awaited deferred status would expire.

In order to obtain Advance Parole as a Dreamer, you must file a form I-131 and demonstrate that you have a compelling reason related to (1) your current employment, (2) education, or (3) humanitarian purposes. I told him though this may change in the future, his reasons for travelling must be related to one of the three reasons.

Ricky Malik, Esq.

Continue reading "Travelling outside the United States as a Dreamer (DACA)" »

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January 14, 2013
  Can I apply for a Provisional Waiver if I am in removal (deportation) proceedings?
Posted By Ricky Malik

We are fielding questions about whether someone in removal proceedings or who has been ordered removed (deported) can apply under the new Provisional Waiver Process.

The Answer

If you are currently in removal proceedings, they need to be "administratively closed" so that you can apply for the Provisional Waiver (I-601A). Once the waiver has been approved, you will need to "re-calendar" those proceedings and have them "terminated" or "dismissed." You must make sure they are terminated or dismissed before you depart the United States. You don't want to inadvertently execute your own removal order.

If you already have an order of removal or deportation against you, then you will first need to seek to have your case re-opened by filing a "Motion to Reopen." If that motion is granted, then when appropriate, you will need to have your proceedings administratively closed while you seek the provisional waiver. After the waiver is approved, you will need the proceedings terminated or dismissed before you depart the United States.

In both above scenairios, you will more than likely need a seasoned and experienced attorney guide you.

Ricky Malik, Esq.

dream@rmlegal.com

Continue reading "Can I apply for a Provisional Waiver if I am in removal (deportation) proceedings?" »

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January 11, 2013
  New ICE Detainer policy - December 21, 2012
Posted By Ricky Malik

The director of Immigration & Customs Enforcement, John Morton, released a memorandum on December 21, 2012 that if implemented will significantly scale back the application of detainers by federal, state and local law enforcement.

Under the new guidance, ICE should issue a detainer only where (1) they have reason to believe the individual is an alien subject to removal from the United States AND (2) one or more of the following conditions apply:

  • the individual has a prior felony conviction or has been charged with a felony offense;
  • the individual has three or more prior misdemeanor convictions;
  • the individual has a prior misdemeanor conviction or has been charged with a misdemeanor offense if the misdemeanor conviction or pending charge involves-
    • violence, threats, or assault;
    • sexual abuse or exploitation;
    • driving under the influence of alcohol or a controlled substance;
    • unlawful flight from the scene of an accident;
    • unlawful possession or use of a firearm or other deadly weapon;
    • the distribution or trafficking of a controlled substance; or
    • other significant threat to public safety;3
  • the individual has been convicted of illegal entry pursuant to 8 U.S.C. § 1325;
  • the individual has illegally re-entered the country after a previous removal or return;
  • the individual has an outstanding order of removal;
  • the individual has been found by an immigration officer or an immigration judge to have knowingly committed immigration fraud; or
  • the individual otherwise poses a significant risk to national security, border security, or public safety.

Continue reading "New ICE Detainer policy - December 21, 2012" »

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August 19, 2012
  Virginia DMV confirms Deferred Action students will be able to obtain Driver's Licenses!
Posted By Ricky Malik

Good news! A common question we are asked by Deferred Action (DACA) applicants is whether they can get driver's licenses. In Virginia, the answer is "yes."

"The Virginia Department of Motor Vehicles (DMV) has confirmed in writing that young people granted "deferred action" by Immigration Customs Enforcement at the Department of Homeland Security will be eligible for Virginia driver's licenses and ID's. The statement was made in response to a request from the American Civil Liberties Union of Virginia sent to DMV Commissioner Richard Holcomb."

Ricky Malik, Esq.

dream@rmlegal.com

Continue reading "Virginia DMV confirms Deferred Action students will be able to obtain Driver's Licenses!" »

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August 19, 2012
  Deferred Action (DACA) Applications and Crimes, Convictions, Arrests and Charges
Posted By Ricky Malik

An area the Law Offices of Ricky Malik, PC has always gained expertise in is the intersection of immigration with criminal convictions. The new Deferred Action for Childhood Arrivals (DACA) program raises issues about what crimes or convictions will prevent someone from applying.

Before reading the below list of disqualifiers, please note that the Department of Homeland Security (DHS) has stated that "the decision to defer action in a particular case is an individualized, discretionary one that is made taking into account the totality of the circumstances. Therefore, the absence of the criminal history, or its presence, is not necessarily determinative, but is a factor to be considered."

  • Attorney: Even if you have been convicted of the below offenses, USCIS will review each application on a case-by-case basis and depending on the totality of circumstances and humanitarian equities, can grant deferred action.

You are ineligible if you have been convicted:

1. A felony: If the crime is classified a felony under law for which imprisonment of more than 1 year may be imposed, it is a disqualifier.

  • Attorney: So even if it is classified a felony, BUT if it is not punishable by more than 1 year, then it will NOT prevent you from applying.

2. A significant misdemeanor: A crime that is punishable with jail from 6 days to 1 year AND is an crime of domestic violence, sexual abuse or exploitation, burglary, unlawful possession or use of a firearm, drug distribution or trafficking or, driving under the influence (DUI), OR if it is crime which you actually served 90+ days in jail.

  • Attorney: (A) a DUI is a disqualifier, but is Driving While Intoxicated (DWI) not? Eg. in Maryland DUI's and DWI's are different offenses. (B) A suspended sentence will not count towards the 90 days. (C) Noting the above italicized section, it is possible that a person's positives and good deeds can overcome a negative factor.

3. Three (3) or more misdemeanors not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct.

  • Attorney: (A) Often times a person is charged with multiple offenses at once ie. possession of a fictitious ID, false ID to a police officer, forgery, uttering, etc. Unless they are from separate moments, they will not count against an applicant. (B) A minor traffic offense, including driving without a license, will not be considered a misdemeanor for purposes of this process. So even if an applicant has 3 or more driving without a license convictions, that person still qualifies.

For more information about eligibility contact me at dream@rmlegal.com or call our office toll free at 877-577-VISA.

Ricky Malik, Esq.

Continue reading "Deferred Action (DACA) Applications and Crimes, Convictions, Arrests and Charges" »

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August 18, 2012
  How is "currently in school" defined for the Deferred Action Program?
Posted By Ricky Malik

We are receiving many questions about the "school" requirement for DACA: "Can I enroll in a GED program now?", "What if I completed High School in my country, can I enroll in school now?", "Do I still need to be in school?", "Do I need to go back to school?",

The DACA program is flexible.

To meet the “currently in school” requirement you must be enrolled in school on the date you submit a request for consideration of deferred action under this process. This means that you can enroll now in a program and apply for DACA.

Types of programs that qualify:

  1. General Educational Development (GED) programs or its equivalent;
  2. English as a Second Language (ESL) program as a prerequisite to your placement in postsecondary education, job training, or employment;
  3. Educational, Literacy, or Career Training (including Vocational training) programs that are designed to lead to placement in postsecondary education, job training, or employment;
  4. Public or Private elementary, middle, junior high, high school, or secondary school.

Contact our office if you would like to receive a free evaluation of your eligibility for Deferred Action or email me at dream@rmlegal.com

Ricky Malik, Esq.

Continue reading "How is "currently in school" defined for the Deferred Action Program?" »

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August 17, 2012
  How to apply for Deferred Action (DACA)?
Posted By Ricky Malik

USCIS is now accepting applications for Deferred Action for Childhood Entrants (DACA) as of August 15, 2012.

In order to apply, you need to consider and/or submit the following:

  • Strongly consider hiring or discussing your eligibility with a qualified immigration attorney;
  • Submit a check or money order payable to "U.S. Department of Homeland Security" for $465;
  • Two (2) Passport Photos;
  • Carefully complete forms G-28 (with attorney submissions*), I-821D, I-765, and I-765WS;
  • Educational (or Armed Forces) Requirements:
  • School- proof of current enrollment, graduation or completion, OR
  • GED (General Educational Development) - proof of certification or current enrollment, OR
  • Evidence that you are enrolled in an education, literacy, or career training program (including vocational training) designed to lead to placement in postsecondary education, job training, or employment and where you are working toward such placement, OR
  • Evidence of English as a Second Language (ESL) programs will qualify if the program is intended and designed for your placement in postsecondary education, job training, or employment, OR
  • Military information;
  • Evidence that you have been in the United States for 5 years:
  • School records, cell phone bills, medical records, doctor's bills, school transcripts, rent receipts, utility bills, employment records, bank records, church docs, parental information, taxes, paystubs, W-2's, 1099's, money order receipts, children's birth certificates, passport entries, letters between you and another person or organization, title and vehicle registration, DMV records, rental agreements, postmarked letters, receipts, and any other relevant documentation;
  • Were born after 6/15/81- Biographical page of passport OR other ID document such as a translated Birth Certificate;
  • Are aged 15 or older right now. If younger than 15, you can still apply if you are now in immigration court or have ever been previously;
  • Any proof you entered the U.S. without inspection before 6/15/12 or you were out of status by 6/15/12;
  • Any proof you arrived in U.S. before the age of 16 (passports, visa or immigration docs, travel records, school records, hospital, medical, any official records, anything with name and date);
  • Any proof you have continuously resided in the U.S. since 6/15/07 up to the present time and were physically present in the United States on 6/15/12;
  • Any documentation about any criminal or traffic convictions or citations, if you have any;
  • You cannot have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety (For more on criminal disqualifiers, click here).
  • If ever in immigration court or apprehended by Immigration, those documents;
  • Only had brief departures from the United States since June 15, 2007 or no departures at all.

Ricky Malik, Esq.

Contact me now at dream@rmlegal.com or toll free 877-577-VISA [8472]

*Attorney representation requires the use of a Form G-28 Notice of Entry of Appearance which places a double notice requirement on USCIS to send all correspondence to BOTH applicant and attorney doubly ensuring important mail, appointment and approval notices reach you.

This post is not intended as legal advice and you should not rely on it as a basis for you application.

Continue reading "How to apply for Deferred Action (DACA)?" »

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August 05, 2012
  USCIS will begin to accept Deferred Action (DREAM) applications on August 15, 2012
Posted By Ricky Malik

The Department of Homeland announced the procedure for young persons to file for deferred action as announced by the Obama administration on June 15, 2012. Filing will begin on August 15, 2012.

Young persons who are in removal (deportation) proceedings, as well as those who already have deportation (removal) orders, and those who have never been in removal proceedings will be able to mail in their applications, payment of $465 and supporting documents to USCIS to request consideration for deferred action.

The program has been recognized by several names: Dream Act, Deferred Action for Young Persons, and now Deferred Action for Childhood Arrivals. The USCIS brochure and flyer are below.

To qualify, you must submit evidence proving that:

  1. You were born after June 15, 1981;
  2. Arrived in the United States before the age of 16;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. Were present in the United States on June 15, 2012;
  5. Entered without inspection before June 15, 2012 or fell out of status as of June 15, 2012;
  6. Are currently in school, graduated or received a certificate of completion from high school, obtained a general educational development certificate (GED), or that you are an honorably discharged veteran of the Coast Guard or U.S. Armed Forces;
  7. Are at least 15 years of age now (or by time of filing), or if younger you are now in immigration court proceedings or have been previously;
  8. Have only had brief departures (or none at all) from the United States since June 15, 2007; AND
  9. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
  • Significant misdemeanor = domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; or a crime for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence.
  • What is not a significant misdemeanor and what will not lead to disqualification: A minor traffic offense (including driving without a license) will not be considered a misdemeanor for purposes of this process. So even if an applicant has 3 or more driving without a license convictions, that person may still qualify.
  • NOTE: Even though Driving Under the Influence (DUI) is a deemed a significant misdemeanor, USCIS has stated that "the decision whether to defer action in a particular case is an individualized, discretionary one that is made taking into account the totality of the circumstances. Therefore, the absence of the criminal history outlined above, or its presence, is not necessarily determinative, but is a factor to be considered in the unreviewable exercise of discretion." This means it is conceivable that a person with a negative conviction may still be able to qualify as criminal history is a factor that is considered.

Ricky Malik, Esq.

Continue reading "USCIS will begin to accept Deferred Action (DREAM) applications on August 15, 2012" »

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June 15, 2012
  DREAM! Huge Announcement: Deferred Action and Work Permits for Students
Posted By Ricky Malik

On Monday, June 11, 2012 and the following day, the Washington Post ran a story about one of the Law Offices of Ricky Malik's clients. Today, June 15, 2012, after many years of advocating by thousands, the Obama administration announced that it will offer Deferred Action to those who know only the United States as home, for those who were brought to this country as children and has issued a DREAM act type directive which includes work permits.

There are five criteria to be eligible. The applicant:

  1. Came to the United States under the age of sixteen;
  2. Has continuously resided in the United States for a least five years preceding June 15, 2012 and is present in the United States as of June 15, 2012;
  3. Is currently in school, has graduated from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
  4. Has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety; and
  5. Is not above the age of thirty.

Full Memo below. Huge and significant announcement. Way to go Heydi, DREAMers and all the thousands who helped make this happen.

Ricky Malik, Esq.

www.rmlegal.com

Continue reading "DREAM! Huge Announcement: Deferred Action and Work Permits for Students" »

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January 06, 2012
  Major Proposed Change in Immigration: New Process for Waivers to be decided in the United States
Posted By Ricky Malik

There is a major proposed announcement changing the Immigration process for many foreign nationals who are illegal in the United States. At present, many people must travel outside the United States and wait months if not years to seek forgiveness (a waiver) to re-enter the U.S.

Now, the Obama administration is proposing to allow certain relatives of U.S. Citizens to apply for the waiver and wait inside the United States. Then once the immigrant petition (I-130) and waiver (I-601) have been approved, the foreign national can go to simply and expeditiously pick up the visa from their home embassy or consulate.

The proposal was preliminary announced this morning and will become official once published in the Federal Register on Monday, January 9, 2012.

Below is the Advance copy of the USCIS notice that would allow certain immediate relatives of U.S. Citizens to request INA 212(1)(9)(B)(v) unlawful presence waivers, prior to departing the U.S. for consular processing of their immigrant visa application.

Ricky Malik, Esq.

Immigration Attorney

Continue reading "Major Proposed Change in Immigration: New Process for Waivers to be decided in the United States" »

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December 02, 2011
  The ICE Detainer
Posted By Ricky Malik

On occasion (all the time in Prince William County, VA), when a non-citizen is pulled over or arrested by law enforcement for traffic or criminal violations, ICE place a detainer, a hold, on that person. A detainer is a request by ICE for the local police department or jail to hold the person for up to 48 hours while ICE determines if they should take that person into immigration custody.

While ICE is getting better, the 48 hour rule is not complied with as much as should be the case. ICE issues its detainer request on form I-247 which is shown below. As you can see, in CAPS and bolded is the language "MAINTAIN CUSTODY OF ALIEN FOR A PERIOD NOT TO EXCEED 48 HOURS."

Ricky Malik, Esq.

www.rmlegal.com

Continue reading "The ICE Detainer" »

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November 28, 2011
  USCIS Memo on Commencement of Removal Proceedings: Anytime we can put someone in Immigration Court, we will
Posted By Ricky Malik

United States Citizenship & Immigration Services (USCIS) issued a memo on November 7, 2011 providing guidelines to officers describing when a Notice to Appear (NTA) is to be issued. An NTA is the document that starts removal (deportation) proceedings against a non-citizen. It is sometimes referred to as the charging document and receiving one of these is usually bad news because it means the United States is trying to deport you. If you get an NTA which generally looks like the document below, it is best to quickly consult with a qualified immigration attorney.

The November 7, 2011 Memo below generally seems to indicate that anytime USCIS can deny an application, they will place that person in deportation court.

Ricky Malik, Esq.

www.rmlegal.com

Continue reading "USCIS Memo on Commencement of Removal Proceedings: Anytime we can put someone in Immigration Court, we will" »

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November 18, 2011
  Immigration can take your Greencard (LPR) away after 5 years
Posted By Ricky Malik

The Board of Immigration Appeals in Matter of Cruz De Ortiz issued a decision overturning the long held belief by many that your greencard (LPR) status cannot be taken away once five (5) years passes. The BIA held that INA 246(a) rescission of LPR status is available beyond 5 years for those who obtained Immigrant Visa from Consulate.

That is good news for those who adjusted status inside the United States (usually through form I-485), but those who entered on an Immigrant Visa from their embassies are not protected by the five year statue of limitations rule. Case below.

Cruz De Ortiz

Ricky Malik, Esq.

www.rmlegal.com

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November 17, 2011
  TPS applicants are not limited by evidence previously submitted, especially when renewing before the Immigration Judge
Posted By Ricky Malik

The Board of Immigraton Appeals in Matter of FIGUEROA determined that "When an application for Temporary Protected Status that has been denied by the United States Citizenship and Immigration Services (“USCIS”) is renewed in removal proceedings, the Immigration Judge may consider any material and relevant evidence, regardless of whether the evidence was previously considered in proceedings before the USCIS."

Figueroa TPS

Ricky Malik, Esq.

www.rmlegal.com

Continue reading "TPS applicants are not limited by evidence previously submitted, especially when renewing before the Immigration Judge" »

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November 16, 2011
  Renewal of 751Removal of Conditions before the Immigration Judge: New evidence allowed
Posted By Ricky Malik

An Immigraton Judge should consider new evidence submitted in support of a renewed I-751 with a waiver of the joint filing requirement regardless of whether the evidence was previously considered by DHS. Matter of Herrera Del Orden, 25 I&N Dec. 589 (BIA 2011).

Herrera Del Orden

Ricky Malik, Esq.

www.rmlegal.com

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November 12, 2011
  Waivers: The 212(h)
Posted By Ricky Malik

Ricky Malik, Esq.

www.rmlegal.com

Continue reading "Waivers: The 212(h)" »

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October 01, 2011
  Attorney Ricky Malik and client featured on Front Page of Washington Post
Posted By Ricky Malik

On Monday, September 26, 2011, the Washington Post published a story about Paula Godoy, a client of the Law Offices of Ricky Malik, P.C. Ms. Godoy was in her final hours before deportation and at the 11th hour, through hard work, we won a stay of removal. For the full story, wonderfully written by Post report Eli Saslow, see below.

Ricky Malik, Esq.

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August 30, 2011
  New Change in Immigration Policy (Prosecutorial Discretion Memos)
Posted By Ricky Malik

The Immigration world has been abuzz in recent weeks following releases from the White House and DHS. There has been a lot of "stuff" put out there and we want to help you get to the truth, using facts. To do so we need to understand the lead up.

On June 17, 2011, two memos were released by ICE chief, John Morton, (both embedded below), now known as the "Morton Memos":

  • Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of the Agency for the Apprehension, Detention, and Removal of Aliens, U.S. Immigration and Customs Enforcement.

prosecutorial-discretion-memo -

  • Prosecutorial Discretion: Certain Victims, Witnesses, and Plaintiffs, U.S. Immigration and Customs Enforcement

On August 18, 2001, Department of Homeland Security Secretary, Janet Napolitano announced the process of implementing the Prosecutorial Discretion (PD) memos in a letter to 22 Senators. Secretary Napolitano announced the creation of a special task force to review on a case by case basis the 300,000 plus people who are currently in removal (deportation) proceedings in order to determine if those who are prioritized to be deported are indeed going to be removed. It is clear from the later paragraphs of the letter (below) that this is not an amnesty nor a comprehensive legalization program (So please beware of scams from notaries and lawyers alike).

That same day, the White House blogged stating the administration will not be "focusing our resources on deporting people who are low priorities for deportation. This includes individuals such as young people who were brought to this country as small children, and who know no other home. It also includes individuals such as military veterans and the spouses of active-duty military personnel...applying common sense guidelines to make these decisions, like a person’s ties and contributions to the community, their family relationships and military service record."

Immigration Update Maximizing Public Safety and Better Focusing Resources The White House

We welcome ICE prioritizing removals rather than the deport 'em all policy we have seen in recent years. Only time will tell if this is political hot air or a meaningful change in policy enforcement.

Ricky Malik, Esq.

www.rmlegal.com

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May 06, 2011
  Bad News for those of us who represent or try to reopen cases of kids who enter the United States scared and bewildered. Fourteen (14) years old is old enough!
Posted By Ricky Malik

The Board of Immigration Appeals in a recent decision determined that a child of 14 who probably can't read, write or speak English is old enough to accept and comply with confusing legal documents issued by very friendly border agents. The BIA held that "Personal service of a Notice to Appear (Form I-862) on a minor who is 14 years of age or older at the time of service is effective, and the regulations do not require that notice also be served on an adult with responsibility for the minor."

Motions to Reopen just got harder.

Matter of Cubor

Ricky Malik, Esq.

www.rmlegal.com

Continue reading "Bad News for those of us who represent or try to reopen cases of kids who enter the United States scared and bewildered. Fourteen (14) years old is old enough!" »

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May 05, 2011
  U.S. Department of Homeland Security removes 25 countries from NSEERS program. The end of NSEERS?
Posted By Ricky Malik

"The Department of Homeland Security (DHS) is eliminating redundant programs by removing the following countries from, and relieving nonimmigrant nationals or citizens of the following countries from compliance with, the special registration procedures under the National Security Entry-Exit Registration System (NSEERS): Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen. Over the past six years, the Department of Homeland Security (DHS) has implemented several new automated systems that capture arrival and exit information on nonimmigrant travelers to the United States, and DHS has determined that recapturing this data manually when a nonimmigrant is seeking admission to the United States is redundant and no longer provides any increase in security. DHS, therefore, has determined that it is no longer necessary to subject nationals from these countries to special registration procedures, and this notice deletes all currently designated countries from NSEERS compliance. DATES: Effective Date: This notice is effective April 28, 2011."

Federal Register ending NSEERS

Ricky Malik, Esq.

www.rmlegal.com 

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May 04, 2011
  ICE released Tool Kit for Government Prosecutors to Use when they need immigrants
Posted By Ricky Malik

United States Immigration & Customs Enforcement (ICE) has developed the below toolbox filled with goodies to be used by prosecutors who need the help of immigrants to prosecute a crime AND tools to ensure deportation.

Tools to help cooperating witnesses include: Deferred Action, Administrative Stays of Removal, U, T & S visas.

Tools to deport: Stipulated Orders.

Tools to bring persons into the US: Significant Public Benefit Parole.

Ricky Malik, Esq.

www.rmlegal.com

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May 03, 2011
  Predator Drones used on Terrorists to be used on Immigrants along Southern Border
Posted By Ricky Malik

Predator Drones Fact Sheet

Ricky Malik, Esq.

www.rmlegal.com

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February 28, 2011
  The Office of Immigration Litigation's "Immigration Litigation Bulletin"
Posted By Ricky Malik

It sounds like a mouthful.  One of the divisions of the U.S. Government that represents the U.S. Department of Homeland Security before the Federal Courts (mainly the various Courts of Appeal) is the Office of Immigration Litigation (OIL).  Periodically, OIL publishes their Immigration Litigation Bulletin which was previously unavailable to the public until the Freedom of Information Act (FOIA) was applied to that division.

To view past Immigration Litigation Bulletins, click here.

Ricky Malik, Esq.

www.rmlegal.com

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February 27, 2011
  USCIS Memo: Revocation of VAWA-Based Self-Petitions
Posted By Ricky Malik

United States Citizenship & Immigration Services (USCIS) published a memo earlier this year indicating detailing when a Violence Against Women Act (VAWA) self petition can be revoked:  "If an officer in the field receives new information that was not available to the VSC at the time of the approval of a VAWA self-petition, and that new information leads the officer to reasonably believe that a VAWA self-petition should be revoked, the officer must write a memorandum to his or her Supervisory Immigration Service Officer (SISO) explaining why the VAWA self-petition should be reviewed for possible revocation."

We at the Law Offices of Ricky Malik, P.C. is very concerned that this memo will encourage USCIS to look for adverse information in interviews and in other contacts.

Ricky Malik, Esq.

www.rmlegal.com

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January 31, 2011
  Tri Valley-University's Indian Students may face deportation
Posted By Ricky Malik

Over 1000 students from India, mostly from Andhra Pradesh, may face removal proceedings as a result of an Immigration and Customs Enforcement (ICE) raid on Tri-Valley University outside of San Francisco, California.  ICE, calling the institution "Sham University," accused it of helping foreign students acquire student status illegally.

Full Story, click here.

Ricky Malik, Esq.

Immigration Attorney

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January 07, 2011
  Motions to Reopen with the Immigration Court
Posted By Ricky Malik
Video Blog from Ricky Malik, Attorney at Law:
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January 06, 2011
  Attorney Ricky Malik on when someone is detained
Posted By Ricky Malik
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November 04, 2010
  Immigration uses Facebook and social networking sites to detect immigration fraud
Posted By Ricky Malik
In a leaked memo entitled "Social Networking Sites and Their Importance to FDNS", Immigration's Office of Fraud Detection and National Security (FDNS) stated that:  "Narcissistic tendencies in many people fuels a need to have a large group of"friends" link to their pages and many of these people accept cyber-friends that they don't even know. This provides an excellent vantage point for FDNS to observe the daily life of beneficiaries and petitioners who are suspected of fraudulent activities. Generally, people on these sites speak honestly in their network because all of their friends and family are interacting with them via lM's (Instant Messages), Blogs (Weblog journals), etc. This social networking gives FDNS an opportunity to reveal fraud by browsing these sites to see if petitioners and beneficiaries are in a valid relationship or are attempting to deceive CIS about their relationship."

Ricky Malik, Esq.

www.rmlegal.com

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November 03, 2010
  IPC's "Answers to the Toughest Immigration Questions"
Posted By Ricky Malik

The Immigration Policy Center, an arm of AILA's American Immigration Counsel issued a insightful and fact based guide providing answers to some of the most common immigration-related questions, including those about worksite enforcement, border security, birthright citizenship, public benefits, crime, integration, the economic impact of immigration, and more. See below:

Ricky Malik, Esq.

www.rmlegal.com

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October 18, 2010
  Poster child for anti-immigration movement, Lou Dobbs hypocritically hired illegal immigrants
Posted By Ricky Malik

Lou Dobbs charged with hypocrisy.  The founding father of immigrant hatred was reported to have hired illegal immigrants to work his lands. In a shocking revelation, Dobbs is painted as a hypocrite by national media and his colleagues.

Lou Dobbs, along with Republican political candidate and billionaire Meg Whitman, recently joined the group of high-profile immigrant haters whose hypocrisy has been exposed.  I'm sure ICE will shortly prosecute both of them like they do with so many others who violate immigration laws and hire undocumented workers.

For more, see click links below for articles:

The Last Word

Palm Beach Post

Ricky Malik, Esq.

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October 17, 2010
  ICE: Counties Cannot Opt Out of Voluntary Immigration Program
Posted By Ricky Malik

In recent days, several communities (including Arlington, VA, Washington, DC amongst others) have tried to opt out of Immigration & Customs Enforcement's (ICE) "secure communities" program.  The program allows for anyone who is arrested for anything from minor traffic violations to serious crimes to have their fingerprints checked against immigration and criminal databases.  It is intrusive and without the consent of not only the individual, but also the local governments.  U.S. Citizens are also checked and not protected from such violations, but ICE does not care and conducts such intrusions on individual's privacy.  Privacy is a concern because Immigration is civil in nature and not criminal and thus permission has to be obtained. 

Now even when local governments do not want to participate in what they thought was a voluntary program, they are not permitted to leave.  So much for States' Rights.  Another example of Big Government outpowering local governments.  I'm sure the highly principled Tea Party is running to fight big federal government on this one. For more from the Associate Press, click here.

Ricky Malik, Esq.

www.rmlegal.com

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October 11, 2010
  Order of Supervision: When ICE releases immigrants from detention
Posted By Ricky Malik

A memorandum on ICE guidance when they release foreign nationals on an Order of Supervision or Release on Recognizance. Specifically, how often you should be asked to report.

Ricky Malik, Esq.

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October 10, 2010
  Immigration Officers and Politicians Violate Immigration laws
Posted By Ricky Malik

Border Patrol officer promises immigration papers for money

Immigration Officer: Have sex with me or be deported!"

Housekeeper of Republican Gubernatorial Candidate abuses housekeeper (wage)

Ricky Malik, Esq.

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October 06, 2010
  Restaurant owners throughout the country are being charged with hiring undocumented immigrants
Posted By Ricky Malik

San Antonio Restaurant Charged

Chicago ICE busts Chile's, Chipolte, and Texas Roadhouse to name a few

Beware of who you hire!

Ricky Malik, Esq.

Greencard@mail.com

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October 04, 2010
  Abercrombie & Fitch fined $1 Million by Immigration for violations
Posted By Ricky Malik

"DETROIT - U.S. Immigration and Customs Enforcement's (ICE) Office of Homeland Security Investigations (HSI) announced today a $1,047,110 fine settlement reached with the clothing retailer Abercrombie & Fitch for violations of the Immigration and Nationality Act related to an employer's obligation to verify the employment eligibility of its workers."

Full Story click here.

Ricky Malik, Esq.

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October 02, 2010
  Arlington, VA opts out of Secure Communities immigration enforcement program!!
Posted By Ricky Malik

"Arlington became one of the first communities in the country to reject a national immigration enforcement program today when the County Board voted 5-0 against the county's participation in that program."

Hooray for Arlington, VA.  Standing up against anti-immigrant fervor.

Full Story, click here.

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September 30, 2010
  DC Area man convicted for scamming immigrants, impersonating immigration officer
Posted By Ricky Malik

Germantown man who impersonated a federal immigration agent pleads guilty to fraud scheme

ICE Press Release: "GREENBELT, Md. - Robert Fred Mejia, 29, of Germantown, Md., pleaded guilty to conspiring to transport money obtained by fraud across state lines, impersonating an Immigration and Customs Enforcement (ICE) officer, transporting money obtained by fraud in connection with a scheme to purportedly provide immigration services and being a felon in possession of ammunition after an investigation led by ICE.

According to the plea agreement, from December 2007 to June 2009, Mejia and a conspirator charged over 50 individuals for immigration services which they did not provide. On numerous occasions, Mejia and his co-conspirator caused such individuals in Washington D.C., and Virginia to bring $5,000 or more to their office in Gaithersburg, Md., to pay for the purported immigration services. Mejia and the co-conspirator completed immigration documents and had fingerprints taken for the individuals. However, no paperwork was ever filed on behalf of those clients."

For full release, click here.

Ricky Malik, Esq.

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September 29, 2010
  California Attorneys Sentenced to Prison for Asylum Fraud Scheme
Posted By Ricky Malik

ICE press release: "SACRAMENTO, Calif. - Three attorneys for a northern California law firm and their contract interpreter were sentenced to lengthy prison terms Friday following their conviction on charges stemming from an investigation by U.S. Immigration and Customs Enforcement's (ICE) Office of Homeland Security Investigations (HSI) that revealed they orchestrated a scheme to file hundreds of false asylum claims.

Jagprit Singh Sekhon, 39, of Westminster, Calif., formerly of Sacramento, was sentenced to 108 months in prison. His brother and former partner in the Sekhon & Sekhon law firm, Jagdip Singh Sekhon, 42, of Salida, Calif., was sentenced to 60 months in prison. Their former law firm associate, Manjit Kaur Rai, 33, of Discovery Bay, Calif., was sentenced to 30 months in prison. The sentencing hearing for interpreter Iosif Caza, 43, of Sacramento has not yet concluded. Interpreter Luciana Harmath, 29, of Glendale, Ariz., formerly of Sacramento, was sentenced to four months in prison last month."

There are too many attorneys, immigration consultants, notorious and fraudsters active in the U.S. Immigration system, stronger enforcement of those who perpetuate fraud will increase the integrity of the system.

For more, click here.

Ricky Malik, Esq.

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September 20, 2010
  Removing that Ankle Bracelet
Posted By Ricky Malik

The Board of Immigration Appeals (BIA) in Matter of Garcia-Garcia, 25 I&N Dec. 93 (BIA 2009) held that an Immigration Judge can review and consider whether to modify the conditions of release imposed upon a  foreign national by DHS ICE.

This means that if Immigration and Customs Enforcement gives a foreign national the option of paying a bond to be released and/or putting on an ankle bracelet, known as the Intensive Supervision Appearance Program (ISAP), an Immigration Judge can review ICE's decision and reduce the bond or even take off the bracelet.

However, when a foreign national is released, s/he must file a motion to ameliorate within 7 days from the release from custody.

Ricky Malik, Esq.

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September 15, 2010
  VA Restaurant Owner Arrested for Harboring Illegal Aliens
Posted By Ricky Malik

Arrested yesterday on charges of knowingly employing and harboring illegal aliens.  It sounds like he employed undocumented immigrants, yet that definition may include harboring. 

'"ICE aggressively targets employers who violate immigration laws by knowingly employing an illegal alien workforce," said John P. Torres, special agent in charge of the ICE Office of Homeland Security Investigations (HSI) in Washington, D.C. "No industry is immune to following the law. Businesses that use illegal alien workers must understand that they will be held accountable for those unlawful practices." '

For release click here.

Ricky Malik, Esq.

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September 12, 2010
  Leaked Memo: Administrative Alternatives to Comprehensive Immigration Reform
Posted By Ricky Malik

A memo circulated entitled Administrative Alternatives to Comprehensive Immigration Reform.  It is not yet official and it is unclear how it was leaked but it is indicative of the direction of some within ICE/USCIS.  This memo along with the recent John Morton memo brings some hope that ICE and USCIS will consider taking fair and just action.  However, there seems to be different factions and ideologies within DHS about the direction of the agency: Deport everyone vs. Justice & Fairness.

Ricky Malik, Esq.

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September 07, 2010
  Construction Company owner pleads guilty to hiring 3 illegal employees
Posted By Ricky Malik
A small contruction company owner in Idaho admitted to employing 3 undocumented individuals for 17 months.  Millions of undocumented workers seem to find employment in the United States, but those who are prosecuted for breaking the law pay a hefty price.

For full story click here.
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The information on this Virginia Lawyer / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. The Law Offices of Ricky Malik, P.C. represents clients in all 50 states of the United States and the World over, including Manassas, VA, Prince William County, Arlington, Fairfax, Centreville, Alexandria, Falls Church, Roslyn, Washington, DC, Loudon County, Lorton, Woodbridge, Virginia, Takoma Park, MD, Langley Park, Bethesda, Rockville, Hyattsville, Montgomery County, Prince George's County, Columbia, and Baltimore, Maryland.